People v. Burgos, 58 N.Y.2d 767 (1982)

When there is overwhelming evidence of guilt, including a defendant’s testimony and corroborating evidence, the erroneous admission of statements obtained in violation of the right to counsel may be deemed harmless error.

Summary

The New York Court of Appeals affirmed the defendant’s conviction for manslaughter, holding that the admission of his statements, obtained in violation of his right to counsel, was harmless error. The court reasoned that the evidence against the defendant, including his own testimony and corroborating evidence of intent, was overwhelming. Burgos admitted to killing his brother-in-law, Santos Cruz, and claimed self-defense. However, other evidence suggested that Burgos had come to Rochester with the intent to kill Cruz. Because there was overwhelming evidence, there was no reasonable possibility that the introduction of the inadmissible statements contributed to his conviction.

Facts

Defendant Burgos killed his brother-in-law, Santos Cruz, during a fight. The fight was unwitnessed. Burgos claimed self-defense at trial. He had made statements to others which, if believed, confirmed his predetermined intention to do so, including one to the witness Megelre that defendant had told her he came to Rochester from Puerto Rico to kill Cruz. After the fight, Burgos told his sister that he had killed her husband. As he was leaving his sister’s house, he told a neighbor, “Don’t call the police.” He also told a friend that he had fought with Cruz and stabbed him, without mentioning self-defense. Cruz suffered three separate stab wounds, one of which was eight inches deep, all in his back, even though Burgos claimed Cruz came at him face to face with a stick.

Procedural History

The defendant was convicted of manslaughter. The People conceded that Burgos’ written and oral statements were taken in violation of his right to counsel. The lower courts found the admission of these statements to be harmless error. The New York Court of Appeals granted review to determine whether this error was harmless beyond a reasonable doubt.

Issue(s)

Whether the introduction of defendant’s written and oral statements, taken in violation of his right to counsel, was harmless error beyond a reasonable doubt, given the other evidence presented at trial.

Holding

No, because the evidence was overwhelming that defendant’s killing of his brother-in-law, Santos Cruz, was intentional and not in self-defense, there is no reasonable possibility that the erroneously admitted statements contributed to defendant’s conviction.

Court’s Reasoning

The court applied the “harmless beyond a reasonable doubt” standard, citing People v. Almestica and People v. Crimmins. The court found the evidence overwhelming that Burgos’ killing of Cruz was intentional, not in self-defense. Burgos’ self-defense plea, rather than the introduction of the statements, was the motivation for his taking the stand. His testimony was largely confirmatory of the written statement. Burgos did not deny that he had caused Cruz’ death. He had made statements to others which, if believed, confirmed his predetermined intention to do so, including one to the witness Megelre that defendant had told her he came to Rochester from Puerto Rico to kill Cruz. The veracity of that witness was put in issue, the presence of three separate stab wounds, one of which was eight inches deep, and all of which were in Cruz’ back though defendant claimed that Cruz came at him face to face with a stick, are confirmatory of a criminal rather than justifiable use of defendant’s knife.

The court distinguished this case from People v. Schaeffer, where a less overwhelming array of evidence might not have rendered the error harmless. Here, the court noted Burgos’ statement to his sister following the fight, “that he had killed her husband,” his direction to a neighbor as he was leaving his sister’s house after the fight: “Don’t call the police” and his statement to a friend, without any mention of self-defense, that he had fought with Cruz and stabbed him. Given this evidence, the court found “no reasonable possibility that the erroneously admitted statements contributed to defendant’s conviction.” The court also cited People v. Sanders in support of its conclusion.